After any type of accident, one of the most understandable questions a victim may have is whether they are legally entitled to compensation for their medical expenses and other accident-related losses. Motorcycle accident victims are no different and our attorneys regularly hear this question from prospective clients.
Unfortunately, there is no definitive answer to this question, as each specific situation must be evaluated and your rights determined on a case-by-case basis. The following is some additional information regarding factors that may allow you to recover compensation after your crash.
Who Was Liable for Your Accident?
In order to seek financial recovery from another party, that party must be found to be legally liable for causing your motorcycle accident. Legal liability is based on acts of negligence, which – for drivers – is the breach of the duty of care to operate their vehicle in a safe manner and the causing of harm as a result. Negligence can vary widely from accident to accident, and some examples of negligence that may cause another driver to be liable for your crash-related losses include:
- Driving while intoxicated (DWI)
- Texting or other types of distracted driving
- Aggressive or intimidating driving
- Violating traffic regulations
- Violating traffic signals
- Driving too fast for road or weather conditions
An experienced Virginia accident lawyer can examine the cause of your accident and identify whether any parties may be held liable.
Determining Your Losses
If someone was negligent and caused your accident, you must then prove that you actually incurred losses due to the crash. Such losses must be the result of actual harm you suffered – such as physical injuries that commonly result from motorcycle accidents. Medical bills are the most common type of loss that stems from a motor vehicle accident. Even if you believe your medical costs were relatively minimal, you have the right to collect compensation for those expenses from any negligent parties. Other losses include income that you lost if you had to miss work and intangible losses such as the pain you experienced due to your injuries.
Seek Help from an Experienced Virginia Motorcycle Accident Attorney Today
Determining whether you can recover compensation after a motorcycle crash requires detailed legal analysis by a skilled Virginia motorcycle accident lawyer. If you are a motorcyclist who has sustained injuries and losses, please do not hesitate to call the law office of Emroch & Kilduff at 888-358-1568 for a free consultation.